Warrenton winery owner awaits judge selection
Winery owner Kate Marterella is awaiting the selection of a new judge to hear her lawsuit after all four judges in Fauquier Circuit Court recused themselves this summer. Fauquier Times Staff Photo/Randy Litzinger
A change of venue request by winery owner Kate Marterella for her lawsuit against a Warrenton-based homeowners association was denied by Fauquier County Circuit Court judge Jeffrey Parker on Tuesday morning.
The owner of Marterella Winery is suing Bellevue Landowners Council on various counts after she won a lengthy lawsuit initiated by the HOA several years ago.
Marterella requested a change of venue after all four of the county's circuit court judges recused themselves earlier this summer. During Tuesday's hearing, Parker said he wouldn't hear the change of venue because he'd already recused himself from the matter.
Because the request was denied, the Supreme Court of Virginia will likely assign a retired judge or bring in another judge to Fauquier County to preside over the latest lawsuit, said Marterella attorney Nathan Baney.
Baney said the recusals by all the judges was unusual but that he had to "trust the judge and their judgement."
There is no specific timetable on when the assigning of a judge would occur, said Baney.
Earlier this summer, the HOA filed for a demurrer hearing, which would throw out the lawsuit.
The determination on the merits of the demurrer will be heard once the case is assigned, said Baney.
For the complete story, pick up a copy of Friday's Fauquier Times.
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